Dana McMaster v. K. Nicholes

MEMORANDUM

California state prisoner Dana McMas-ter appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging federal and state law claims related to the treatment of an injury to his ankle and lower leg. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), and we affirm.

The district court properly granted summary judgment on McMaster’s deliberate indifference claim because McMaster failed to raise a genuine dispute of material fact as to whether defendants consciously disregarded a serious risk to his health arising from an injury to his left ankle and lower leg. See Farmer v. Brennan, 511 U.S. 825, 834 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (setting forth elements of a claim for deliberate indifference); Togu-chi, 391 F.3d at 1059-60 (neither negligence nor inmate’s difference of opinion with physician is sufficient for deliberate indifference claim).

The district court properly granted summary judgment on McMaster’s claim un der California Government Code § 845.6 because McMaster failed to raise a triable dispute as to whether defendants failed to take reasonable…